HomeMy Public PortalAboutPRR 14-1545RECORDS REQUEST (the "Request ")
Date of Request: 10/2/2014
Requestor's Request ID#: 918
REQUESTEE: Custodian of Records Town of Gulf Stream
REQUESTOR Airline Highway, LLC
REQUESTOR'S CONTACT INFORMATION: E -Mail: records @commerce- goup.com
Fax: 954-360 -0807; Address: 1280 West Newport Center Drive, Deerfield Beach, FL 33442
REQUEST:
Provide all Public Records, including, without limitation, Complaints, Drafts of Responses,
Drafts of Pleadings, letters, E- Mails, memos and notes regarding energy saving devices
as reflected on the August 31, 2014 Jones, Foster bill (invoice #174284) s owing a ate
of the billing of 8128/2014.
ADDITIONAL INFORMATION REGARDING REQUEST:
THIS REQUEST IS MADE PURSUANT TO PUBLIC RECORDS ACT,
CHAPTER 119 OF THE FLORIDA STATUTES AND IS ALSO REQUESTED UNDER THE COMMON
LAW RIGHT TO KNOW, THE COMMON LAW RIGHT OF ACCESS; AND ANY STATUTORY
RIGHT TO KNOW (INCLUDING, WITHOUT LIMITATION, ANY STATUTORY RIGHT OF
ACCESS, AS APPLICABLE). THIS REQUEST IS ALSO MADE PURSUANT TO THE RIGHTS OF
THE REQUESTOR PROVIDED IN THE FLORIDA CONSTITUTION.
IT IS REQUESTED THAT THIS RECORDS REQUEST BE FULFILLED IN ELECTRONIC FORM. IF
NOT AVAILABLE IN ELECTRONIC FORM, IT IS REQUESTED THAT THIS RECORDS REQUEST BE
FULFILLED ON 11 X 17 PAPER. NOTE: IN ALL CASES (UNLESS IMPOSSIBLE) THE COPIES
SHOULD BE TWO SIDED AND SHOULD BE BILLED IN ACCORDANCE WITH Section 119.07(4) (a) (2)
ALL ELECTRONIC COPIES ARE REQUESTED TO BE SENT BY E -MAIL DELIVERY.
PLEASE PROVIDE THE APPROXIMATE COSTS (IF ANY) TO FULFILL THIS PUBLIC RECORDS
REQUEST IN ADVANCE.
It will be required that the Requestor approve of any costs, asserted by the Agency (as defined in Florida
Statute, Chapter 119.01 (Definitions)), in advance of any costs imposed to the Requestor by the Agency.
I:P/NPR/FRR
09.12.14 FORM
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
Delivered via e-mail
October 15, 2014
Airline Highway, LLC [mail to: records @commerce- group.com]
Re: GS #1536 (909), #1545 (918)
Please provide all public records created by, stored by or received by the individual whose initials
are "M.M.M. " or created by, stored by or received by Trey Nazarro during the period of April 1,
2008 through the date of this request.
Provide all Public records, including, without limitation, complaints, drafts of responses, drafts of
pleadings, letters, e- mails, memos and notes regarding energy saving devices as reflected on the
August 31, 2014 Jones, Foster bill (invoice #174284) showing a date of the billing of 812812014.
Dear Airline Highway, LLC [mail to: records(a),commerce- eroup.coml,
The Town of Gulf Stream received your public records request on October 2, 2014. If your
request was received in writing, then the request can be found at the following links:
htto: / /www2 .gulf- stream.org WebLink8 /0 /doc /22824/Paeel.aspxx and http://www2.gulf-
stream.oraJWebLink8 /0 /doc /22833/Pagel.asyxx. If your request was verbal, then the description
of your public records request is set forth in the italics above. In future correspondence, please
refer to this public records request by the above referenced number.
The Town of Gulf Stream is currently working on a large number of incoming public records
requests. The Town will use its very best efforts to further respond to your public records request
in a reasonable amount of time.
Sincerely,
Town Clerk
COMMERCE GROUP
moboyl era w mmerce- emuo.com
Direct Dial Telephone #954 -570 -3505
October 21, 2014
VIA E -MAIL: bthrasher(@,gulf- stream.org
TELEPHONE #561- 276 -5116
Town of Gulf Stream
100 Sea Road
Gulf Stream, FL 33483
Attn: William H. Thrasher, Town Manager
Re: Records Request #918
Requestor: Airline Highway, LLC
Dear Mr. Thrasher.
Reference is made to the captioned Request which was submitted to the Town of Gulf Stream on
October 2, 2014. A copy of the Request is attached for convenience.
It is the Requestor's belief that the Town of Gulf Stream is purposely delaying the fulfilling of the
Request.
It is implausible that the fulfilling of this Request is taking this long.
I write you this letter to alert you that if the captioned Request is not fulfilled by the close of
business on Friday, October 24, 2014 (the "Deadline "), that the Requestor will, with great
reticence, institute suit.
Of course, if you cannot accommodate the Deadline and you alert us at least 24 hours before the
Deadline, articulating a bona fide reason for not being able to accommodate the Deadline, the
Requestor will consider extending the Deadline to a reasonable date considering the
circumstances, which circumstances would have to be reasonable in themselves.
Sincerely yours,
COMMERCE GROUP, INC.
Martin E. O'Boyle
President
Enclosure
P/NPR/FRR
www.commerce-group.com
TEL. 954.360.7713 . FAX 954.360.0807
1280 wEsr NEWPORT CENTER Dam. DEERFIELD BEACH, FLORIDA 33442
RECORDS REQUEST (the "Request")
Date of Request: 101212014
Requestor's Request ID#:
918
REQUESTEE: Custodian of Records Town of Gulf Stream
REQUESTER: Airline Highway, LLC
REQUESTOR'S CONTACT INFORMATION: E -Mail: records @commerce- group.com
Fax: 954- 360 -0807; Address: 1280 West Newport Center Drive, Deerfield Beach, FL 33442
REQUEST:
Provide all Public Records, including, without limitation, Complaints, Drafts of Responses,
Drafts of Pleadings, letters, E- Malls, memos and notes regarding energy saving devices
as reflected on a ugust 31, 2014 Jones, Foster nvo ce 17 28 s ow ng a ate
of the billing of 8/28/2014.
ADDITIONAL INFORMATION REGARDING REQUEST:
THIS REQUEST IS MADE PURSUANT TO PUBLIC RECORDS ACT,
CHAPTER 119 OF THE FLORIDA STATUTES AND IS ALSO REQUESTED UNDER THE COMMON
LAW RIGHT TO KNOW, THE COMMON LAW RIGHT OF ACCESS; AND ANY STATUTORY
RIGHT TO KNOW (INCLUDING, WITHOUT LUMTATION, ANY STATUTORY RIGHT OF
ACCESS, AS APPLICABLE). THIS REQUEST IS ALSO MADE PURSUANT TO THE RIGHTS OF
THE REQUESTOR PROVIDED IN THE FLORIDA CONSTITUTION.
IT IS REQUESTED THAT THIS RECORDS REQUEST BE FULFILLED IN ELECTRONIC FORM. IF
NOT AVAILABLE IN ELECTRONIC FORM, IT IS REQUESTED THAT THIS RECORDS REQUEST BE
FULFILLED ON 11 X 17 PAPER. NOTE: IN ALL CASES (UNLESS IMPOSSIBLE) THE COPIES
SHOULD BE TWO SIDED AND SHOULD BE BILLED IN ACCORDANCE WITH Section 119.07(4) (a) (2)
ALL ELECTRONIC COPIES ARE REQUESTED TO BE SENT BY E -MAIL DELIVERY.
PLEASE PROVIDE THE APPROXIMATE COSTS (IF ANY) TO FULFILL THIS PUBLIC RECORDS
REQUEST IN ADVANCE.
It will be required that the Requestor approve of any costs, asserted by the Agency (as defined in Florida
Statute, Chapter 119.01 (Definitions)), in advance of any costs imposed to the Requestor by the Agency.
I:PMPR/FRR
09.12.14 FORM
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
Delivered via e-mail
October 24, 2014
Airline Highway, LLC [mail to: records @commerce- group.com]
Re: GS #1545 (918)
Provide all Public records, including, without limitation, complaints, drafts of responses, drafts
of pleadings, letters, e- mails, memos and notes regarding energy saving devices as reflected on
the August 31, 2014 Jones, Foster bill (invoice #174284) showing a date of the billing of
812812014.
Dear Airline Highway, LLC [mail to: records(a.commerce- erouo.coml,
The Town of Gulf Stream received your public records requests on October 2, 2014. You should
be able to view the original request at the following link: http://www2.gulf-
stream. orgJ WebLink8 /0 /doe/22833/Pagel.asnx. If your request was verbal, then the description
of your public records request is set forth in the italics above. In future correspondence, please
refer to this public records request by the above referenced number.
The Town understands your request as seeking all public records regarding energy saving
devices relative to the billing of 8/28/2014 on the August 31, 2014 Jones, Foster bill (invoice
#174284). If your request was intended to have a broader interpretation, please clarify.
The Town may incur expenses for the production of documents. You are responsible for the
costs of duplication, as allowed by Chapter 119, Florida Statutes, and you may also incur a
special service charge for the labor needed to respond to this request.
To produce the documents for that you have requested, the Town of Gulf Stream estimates the
need for 20 minutes of administrative support at $39.23 per hour, and Jones, Foster estimates the
need for 2 hours of attorney support at $220.00 per hour and 2 hours of clerical support at $50.00
per hour, the labor cost of the personnel providing the service, per Fla. Stat. § I I9.07(4)(d). A
public record that was prepared by an agency attorney or at the attorney's express direction for
imminent or ongoing litigation that relates to counsel's mental impression, conclusion, legal
strategy, or legal theory is exempt pursuant to Fla. Stat. § 119.071(1)(d). The exempt information
here relates to pending and reasonably anticipated imminent litigation involving the Town,
William Thrasher, Garrett Ward, Scott Morgan and Robert Sweetapple, on the one hand, and
Martin O'Boyle and entities controlled by or affiliated with him including, but not limited to,
Commerce GP, Inc., the Commerce Group, Inc., Commerce Realty Group, Asset Enhancement,
Inc., CG Acquisition Company, Inc., Citizens Awareness Foundation, Inc., Airline Highway,
LLC, N984AC Caravan LLC, CRO Aviation, Inc., and STOPDIRTYGOVERNMENT, LLC.,
and Christopher O'Hare, on the other hand.
If the costs of producing these documents will exceed your deposit, the Town will provide you
with an initial production of responsive records and an estimate for the production of any
additional responsive records. If the costs of production are less than the deposit, the Town will
provide you with the responsive records and a refund. If you would like to narrow the scope of
your request, for example, by identifying a particular document type or date range, the Town
may be able to provide these records at a lower cost.
(20 minutes @ 39.23 = 13.08) - (.25 hour @ 39.23= 9.81) + (2 hours @ $220.00= 440.00) + (2
hours @ $50.00 = 100.00) = Deposit Due: $543.27 in cash or check.
The Town of Gulf Stream is currently working on a large number of incoming public records
requests. Upon receipt of your deposit, the Town will use its very best efforts to further respond
to your public records request in a reasonable amount of time.
Sincerely, Town Clerk